The Grand Council of the Crees

About the Grand Council of the Crees (Eeyou Istchee)

The Grand Council of the Crees is the political body that represents the approximately (2012) 18,000 Crees or “Eeyouch” (“Eenouch” – Mistissini dialect), as they call themselves, of eastern James Bay and Southern Hudson Bay in Northern Quebec. The Grand Council has twenty members: a Grand Chief and Deputy-Grand Chief elected at large by the Eeyouch, the chiefs elected by each of the nine Cree communities, and one other representative from each community. The present Grand Chief is Mathew Coon Come and the Deputy Grand Chief is Rodney Mark. The Council’s head office is in the Cree community of Nemaska, although it also has offices in Montreal, Ottawa, Quebec.

A Short Description of the GCC / CRA

The Grand Council of the Crees (Eeyou Istchee) and the Cree Regional Authority are two distinct legal entities, however, they have identical membership, board of directors, governing structures and are de facto managed and operated as one organization by the Cree Nation.

The Cree Regional Authority (the “CRA”) was created pursuant to legislation of the Quebec National Assembly: the Act respecting the Cree Regional Authority, R.S.Q., c. A-6.1, first adopted in 1978.

The Grand Council of the Crees (Eeyou Istchee) (the “GCC(EI)”) was created by Letters Patent issued in 1974 by the Deputy Registrar General of Canada pursuant to the Canada Corporations Act, R.S.C. 1970, c. C-32.

Both corporations are created on a not-for-profit basis.

All Cree beneficiaries are members of the GCC(EI)-CRA.

Both organizations must report annually to the Cree beneficiaries in an annual general assembly. This reporting includes the presentation of audited financial statements and of activities reports.

The GCC(EI)-CRA is governed by a Council-Board of 20 members elected by the Cree beneficiaries as follows:

A Grand Chief/Chairman elected by all Crees every four (4) years in a general election held by secret ballot.

A Deputy Grand-Chief/Vice-Chairman elected by all Crees every four (4) years in a general election held by secret ballot.

The elected Chiefs of each of the eight (8) Cree-Naskapi Bands and the elected Chief of Oujé-Bougoumou also sit on the Council-Board. All Chiefs are elected by secret ballot of the members of each concerned Cree community (Total of 9 Chiefs).

An elected representative of each of the eight (8) Cree-Naskapi Bands and an elected representative of Oujé-Bougoumou also sit on the Council-Board for a term of three (3) years. All these representatives are elected by secret ballot of the members of each concerned Cree community (Total of 9 representatives).

The elected Chief and an elected representative of Washa Sibi also have a voice on the Council-Board, though their status has not been formally confirmed in legislation or through agreement with government.

The powers and authorities of the GCC(EI)-CRA include the following:

GCC(EI) Letters Patent:

to act as a regional council, group or association to solve and assist in solving the problems of the Cree people of Quebec;

to assist the Cree people of Quebec through all means permitted by law to affirm, exercise, protect, enlarge and have recognized and accepted the rights, claims and interests of the Cree people of Quebec;

to foster, promote, protect and assist in preserving the way of life, values and traditions of the Cree people of Quebec;

to improve and assist in improving the conditions in Cree communities and lands of northern Quebec and to foster and promote the development of the Cree communities, lands and people of Quebec;

to act as a regional or local government, authority, administrative or managerial body, institution or group in respect to such subject matters as may be given, delegated or confided to it by the Cree people;

to provide regional services in regard to programs, communications and activities which may affect or benefit the Cree people of Quebec.

CRA Act :

to give a valid consent, on behalf of the James Bay Crees, where such consent is required pursuant to the JBNQA or pursuant to an act;

to appoint representatives of the James Bay Crees on all agencies, bodies and entities established pursuant to the JBNQA or an act;

to relieve poverty, promote the general welfare and advance the education of the James Bay Crees, promote the development and means of intervention of the Cree communities and promote civic improvements;

to assist in any social welfare enterprise of the James Bay Crees;

to assist in the organization of recreational centres and public places for sports and amusements;

to work toward the solution of the problems of the James Bay Crees and, for such purposes, to deal with all governments, public authorities and persons;

to provide technical, professional and other assistance to the James Bay Crees;

to assist the James Bay Crees in the exercise of their rights and in the defence of their rights.

Moreover, as “legal persons” under the meaning of the Civil Code, both the GCC(EI) and the CRA have the same capacity to exercise civil rights as natural persons:

“301. Legal persons have full enjoyment of civil rights.”

“303. Legal persons have capacity to exercise all their rights, and the provisions of this Code respecting the exercise of civil rights by natural persons are applicable to them, adapted as required.

They have no incapacities other than those which may result from their nature or from an express provisions of law.”

In addition, the GCC(EI) holds among others the following additional capacities flowing from section 157 and subsections 161(1)(d), (l), (w) and (z) of the Canada Corporations Act:

to enter into any arrangements with any government or authority, municipal, local or otherwise, that may seem conducive to the GCC(EI)’s objects, or any of them, and to obtain from any such government or authority any rights, privileges and concessions that the GCC(EI) may think is desirable to obtain, and to carry out, exercise and comply with any such arrangements, rights, privileges and concessions;

to apply for, secure, acquire by grant, legislative enactment, assignment, transfer, purchase or otherwise, and to exercise, carry out and enjoy any charter, license, power, authority, franchise, concession, right or privilege, that any government or authority or any corporation or other public body may be empowered to grant;

to apply for, promote and obtain any statute, ordinance, order, regulation or other authorization or enactment that may seem calculated directly or indirectly to benefit the GCC(EI);

to do all such other things as are incidental or conducive to the attainment of the objects.

Moreover, the CRA is formally recognized as a Regional Conference of Elected Officers under the terms of sections 97 and 98 of the Act Respecting the Ministère du développement économique et régional et de la recherche, R.S.Q., c. M-30.01. As such, it acts as the “primary interlocutor of the [ Quebec] Government for the territory or community it represents as regards regional development.”

In addition, government authorities have been delegated to the CRA such as:

Delegation of the CRA by the Employment Insurance Commission pursuant to subsection 31(3) of Canada’s Department of Human Resources Development Act to allow the CRA to exercise the Commission’s power for the purposes of section 25 of the Employment Insurance Act to refer active EI claimants to training courses or programs or other employment activity;

Delegation to the CRA of vast powers relating to day cares, including the powers to issue day care and childcare centres permits, to inspect day cares, and to manage and supervise day care and childcares services.

Moreover, numerous federal and provincial legislations refer to the CRA for various purposes including, among others:

for the purpose of nominations to the Cree-Naskapi Commission (sections 158(1), 160(5), 161 of the Cree-Naskapi (of Quebec) Act);

for receiving reports on the application of the Cree-Naskapi (of Quebec) Act) (section 171(2) of the Cree-Naskapi (of Quebec) Act);

for designating members of the Board of the Cree Board of Health and Social Services of James Bay (sub-section 54(b) of the Act respecting Health Services and Social Services for Cree Native Persons, R.S.Q., c. S-5);

for designating the Chair of the Council of the Cree School Board (section 579 of the Education Act for Cree, Inuit and Naskapi Native Persons, R.S.Q., c. I-14);

for designating members of the James Bay Regional Zone Council (section 7 of the Act respecting the James Bay Regional Zone Council, R.S.Q., c. C-59.1);

for the designation of members to the Hunting, Fishing and Trapping Coordinating Committee (sections 56 to 60 of the Act respecting Hunting and Fishing Rights in the James Bay and New Quebec Territories, R.S.Q., c. D-13.1);

to adopt regulations concerning the protection of wildlife resources on Category I and II lands (section 85 of the Act respecting Hunting and Fishing Rights in the James Bay and New Quebec Territories, R.S.Q., c. D-13.1);

for the designation of members to the Cree-Quebec Forestry Board (sections 95.12 to 95.15, 95.18 and 95.23 of the Forest Act, R.S.Q., c. F-4.1);

to receive with government the reports of the Cree-Quebec Forestry Board (section 95.24 of the Forest Act, R.S.Q., c. F-4.1);

to appoint members to the Consultative Committee on the Environment, the Evaluating Committee and the Review Committee responsible for environmental evaluations (sections 135, 149 and 151 of the Environment Quality Act, R.S.Q., c. Q-2);

to adopt laws concerning the protection of the environment and of the social milieu (section 140 of the Environment Quality Act, R.S.Q., c. Q-2);

to hold Cree Category IB lands in the event of dissolution of a Cree landholding corporation (section 15 of the Act Respecting the land regime in the James Bay and New Quebec Territories, R.S.Q., c. R-13.1);

to hold the shares of the James Bay Native Development Corporation and to control the Cree Development Corporation (section 13 of the Act respecting the James Bay Native Development Corporation, R.S.Q., c. S-9.1, and sections 6, 7 and 8 of the Act to ensure the Implementation of the Agreement concerning a New Relationship between le Gouvernement du Québec and the Crees of Quebec, S.Q., 2002, c. 25);

to constitute the Board of Directors of the James Bay Eeyou Corporation and to appoint its Chair (sections 6 and 7 of the Act respecting the James Bay Eeyou Corporation, R.S.Q., c. S-16.1).

* (This is a partial list)

It is also noteworthy that the CRA constitutes the “Cree Native Party” under the terms of the JBNQA (see parg. 1.11) and, as such, is official and sole representative of the Crees in relation to the application of that treaty and modifications to that treaty.

Moreover, the GCC(EI) and the CRA have entered into numerous agreements concerning various matters of interest to the Cree Nation. Virtually all important agreements between the governments of Canada or Quebec and the Crees have been negotiated and signed through the GCC(EI)-CRA. To name but a few:

James Bay and Northern Quebec Agreement (1975)

Complementary Agreement no. 1 (1978)

Complementary Agreement no. 2 (1978)

Complementary Agreement no. 3 (1978)

Complementary Agreement no. 4 (1978)

Chisasibi Agreement (1978)

Sakami Lake Agreement (1979)

Complementary Agreement no. 5 (1979)

La Grande (1986) Agreement (1986)

Cree-Hydro/Quebec Mercury Agreement (1986)

Complementary Agreement no. 7 (1986)

Complementary Agreement no. 8 (1988)

Complementary Agreement no. 10 (1989)

Oujé-Bougoumou / Canada Agreement (1992)

Complementary Agreement no. 11 (1993)

Complementary Agreement no. 12 (1993)

Opimiscow Agreement (1993)

Operations and Maintenance Funding Transfer Payment Agreement (1995)

HRDC Transfer Agreement (1996)

Cree Local Police Funding Agreement (1998)

Cree-Quebec Community Project Agreement (“MOU Agreement”) (1998)

HRDC Transfer Agreement (2001)

Agreement concerning a New Relationship between
le Gouvernement du Québec and the Crees of Quebec (2002)

Complementary Agreement no. 13 (2002)

Complementary Agreement no. 14 (2002)

Nadoshtin Agreement (2002)

Boumhounan Agreement (2002)

Apatissiwin Agreement (2002)

Mercury Agreement (2001) (2002)

Complementary Agreement no. 15 (2002)

Agreement relating to the Cree-Inuit Offshore
Overlapping Interest Area (2003)

Agreement concerning a New Relationship between
Hydro-Québec/SEBJ and the Crees of Eeyou Istchee (2004)

Agreement concerning the Administration of
Cree-Hydro-Quebec Agreements and the Niskamoon Corporation (2004)

Cree Local Police Funding Agreement (2004)

Complementary Agreement no. 18 (2004)

Operations and Maintenance Transfer Payment Agreement (2005)

Agreement related to Health and Social Services (2005)

Agreement regarding Capital Grants for Cree Communities (2005)

etc.

In addition, both the CRA and the GCC(EI) are party to numerous administrative and funding agreements with government related to the transfer of funding and the management of programs and services, such as policing, day care, environment, economic development, etc.